In 1982 the swimming pool association dissolved and transferred its assets to the city of Wolfratshausen. Now the question arises: What to do with the money?
Wolfratshausen – 42 years ago, the “Wolfratshausen and Surrounding Pool Support Association” canceled its sails. The club dissolved with effect from January 1, 1982. At this point, there were just over 45,000 marks in the treasury, and the club's assets were transferred to the city of Wolfratshausen as a special fund. Due to interest income, which was still considerable in the 1980s and 1990s, the account balance is now just over 100,000 euros. At its meeting on Tuesday, the city council commissioned the administration to examine whether the so-called fiduciary foundation “Swimming Pool Association” can be dissolved. The elected officials made suggestions for the use of the assets. However, city treasurer Peter Schöfmann pointed out that the legal supervision at the district office will have a say.
What to do with 100,000 euros? City received cash transfer from dissolved club
The swimming pool association had specified the intended use in the event of its dissolution in 1981: The municipality may use the association's assets “exclusively for the construction of a new heated outdoor swimming pool in Wolfratshausen”. Over the past decades, mayors and city councilors have repeatedly pondered whether a “change in intended use” would be possible. In 2016, the district authority's legal supervision informed the municipality that the special fund "must be preserved" for the construction of a new outdoor swimming pool. But since the legal supervision was convinced that “due to the amount of available funds, the construction of a new heated outdoor swimming pool cannot actually be financed” and that the city was not obliged to “inject funds from its own inventory” in order to achieve the association's goal, it came Finally: “A transformation of the founder’s purpose is fundamentally an option.”
According to legal supervision, dissolution of the foundation is generally possible
In 2016, the legal authority granted the city council the right to decide “in interpretation of the founder’s will” that capital gains from the assets would be invested “to promote or subsidize swimming” in the rafting town. As a result, the city council formulated a guideline according to which clubs dedicated to swimming were subsidized once from the foundation's interest income from 2017 to 2020.
However, the most recent audit by the municipal auditing association revealed that the retention of value of the capital assets could not be proven. Strictly speaking, the municipality would have to compensate for “losses in value due to inflation”. The city doesn't want that at all and instead asked the legal supervisory authority whether the foundation could be dissolved. After consultation with the government of Upper Bavaria, the legal supervision responded: Dissolution was possible, the legal supervision could help with implementation.
Our Wolfratshausen-Geretsried newsletter regularly informs you about all important stories from your region. Sign up here.
Vice mayor warns of “ideas that cannot be implemented”
The answer to a second question is important for the city: How can the 100,000 euros in foundation assets be used? A suggestion from the administration: invest the money in the new teaching swimming pool, which is being built as part of the ongoing renovation and expansion of the elementary and middle school on Hammerschmiedweg. The idea of using the special fund for the inter-municipal indoor swimming pool in Geretsried is also circulating in city council circles. As reported, Wolfratshausen has committed to paying part of the pool's operating costs.
Jennifer Layton (Greens) made further suggestions at the meeting. Instead of “hasty” putting the money into building the teaching pool – for them, 100,000 euros is just a drop in the ocean given the total investment of more than 50 million euros – Layton suggested “cleaning the pool” or creating one “beach-like section” on the Loisach.
The town hall boss and treasurer do not believe “that we can do what we want with the money”
Deputy Mayor Günther Eibl (CSU) warned “of ideas that cannot be implemented”. Town hall boss Klaus Heilinglechner (BVW) emphasized that initially it would only be decided to explore the option of dissolving the foundation. “We will decide on the use of the foundation assets at a later date.” He and treasurer Schöfmann do not assume “that we can do what we want with the money,” says Heilinglechner. The purpose of the foundation should not be ignored.
Eibl said the new teaching pool most closely corresponds to the original goal of the club, which was dissolved in 1982. Dr. Hans Schmidt (Greens) advocated “leaving the use of the money open” and not “making it more precise” now. The spokesman for the SPD/FDP parliamentary group, Fritz Meixner, saw it similarly. If the administration examines the dissolution of the foundation with the legal supervision, “the possible use of the money in the interests of the foundation donor should be discussed on this occasion”. This decision was unanimous. (cce)